Local zoning · Del Rey Oaks

Del Rey Oaks — Nonconforming Uses

Q: How long can a nonconforming use remain in place if it stops operating?

If the nonconforming use ceases for a continuous period of six months , the right to continue it ends and any subsequent use must conform to the current district rules — § 17.40.010(A) .

Q: Can I expand or remodel a building that houses a nonconforming use?

No—except where you first secure a use permit . The ordinance prohibits enlargement, structural alteration, reconstruction, or extension of a nonconforming use unless a use permit is obtained — § 17.40.010(C) .

Nonconforming Uses under the Del Rey Oaks local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page summarizes how Del Rey Oaks treats nonconforming uses, nonconforming structures, and nonconforming lots under the city's zoning code (Title 17). The city allows pre-existing nonconforming uses to continue in place in limited circumstances, but places firm limits on change, enlargement, abandonment, and reconstruction. The controlling rules are in § 17.40.010 and related provisions on use permits, design review, and specific districts. § 17.40.010

When you read the guidance below, note that other processes such as design review, parking, and the city's development standards may be triggered by a proposed change to a nonconforming use; see the cited code sections for cross-application. Also note that variances are handled under Chapter 17.44; see Del Rey Oaks Variances and Exceptions for process guidance.

Core rules (what the ordinance actually says)

Continuation: A lawful use that became nonconforming when the zoning ordinance took effect may be continued (a classic “grandfather” rule) so long as it is not abandoned or destroyed and no other limits apply — see § 17.40.010(A) .
Abandonment / destruction: If a nonconforming use “ceases for a continuous period of six months” or “if the building in which such use is located is destroyed by fire, explosion, act of God or any other manner,” any new use must conform to the current district rules — § 17.40.010(A) .
Change of nonconforming use: A nonconforming use of a building may be changed to another nonconforming use only if the new use is of a more restrictive nature and a use permit is secured — § 17.40.010(B); use-permit rules and procedure are in § 17.04.080 .
No enlargement or structural alteration: Except where a use permit is obtained, no nonconforming use of land or building may be enlarged, structurally altered, reconstructed, or extended — § 17.40.010(C) .
Projects triggering exterior or structural change: Projects requiring structural change or a use permit will generally also be subject to the City’s design review process (design review scope includes projects requiring use permits or structural changes) — § 17.56.030 .
Existing special cases: The code applies the same nonconforming rules to district boundary changes and to uses that existed prior to adoption of a given regulation — § 17.40.010(E) .
Definitions: “Nonconforming use” is defined in the Title 17 definitions; the code defines the term as a use that does not conform to the district regulations where it sits — § 17.04.150 .
Special topic examples (local code excerpts): Satellite dishes installed before the governing satellite chapter must apply for a use permit within six months of that chapter’s effective date; the commission can issue an exemption or require modifications — § 17.52.070 . Home-occupation nonconforming uses were required to terminate or reapply within a stated period under the home-occupation chapter — § 17.48.070 .

If you need a permit to alter an existing nonconforming use, consult the use‑permit and variance procedures in Chapter 17.04 and Chapter 17.44 respectively — § 17.04.080, § 17.44.010 .

District-by-district breakdown (how nonconforming rules interact with each district)

Below are the principal districts that commonly produce nonconforming situations in Del Rey Oaks. For each district I list its stated purpose, typical permitted uses (so you can judge whether a pre‑existing use is now nonconforming), and the key dimensional or program standards that often determine whether rebuild/alteration is possible.

R-1 (Single-Family Residential)

Purpose: Basic single-family residential district regulations and controls for lot size, building footprint, and neighborhood character are set out in Chapter 17.08. § 17.08.010 .
Typical permitted uses: One-family dwellings, public parks/playgrounds, and home occupations (home occupations require a use permit) — § 17.08.020 .
Key dimensional standards: Maximum building height 30 ft in R-1; minimum lot size and floor area ratio / footprint limits are spelled out in § 17.08.030 and § 17.08.040 (includes a table of lot sizes and F.A.R./footprint caps) — § 17.08.030, § 17.08.040 .
Where it applies: Citywide areas mapped R-1; a nonconforming commercial use in an R-1 will be treated under the general nonconforming rules (no enlargement or structural alteration without a use permit; abandonment rules apply) — § 17.40.010 .

R-2 (Two‑Family / Medium Residential)

Purpose: Multi-dwelling and accessory rules and spacing/distance rules for buildings are in the R-2 chapter and Chapter 17.12.
Typical permitted uses: (See Chapter 17.12 for full list; the code contains general rear-yard and building-spacing standards for R-2.) Rear-yard depth and between‑building distances are regulated (e.g., 15 ft rear yard; minimum 15 ft between main buildings on same lot is required in many circumstances) — § 17.12.080, § 17.12.090 .
Where it applies: Parcels zoned R-2; nonconforming uses or buildings in R-2 are subject to the same nonconforming continuance, cessation, and no‑enlargement rules in § 17.40.010 .

D (Design / Multiple-Family Control)

Purpose: D district controls multiple-family density and architectural design (special density controls and conditional-use structure) — § 17.16.010 .
Typical permitted uses: Only permitted with a conditional/use permit — common-interest subdivisions, private recreational uses, accessory parking/garages and similar uses are allowed by conditional permit — § 17.16.030 .
Key dimensional/approval standards: Projects in D rely heavily on discretionary approval; converting or expanding a nonconforming use will require a use permit and design/plan review; nonconforming rules still apply — § 17.40.010, § 17.16.030 .

C-1 (Neighborhood Commercial)

Purpose: Provide for restricted neighborhood commercial needs and coordinate architectural and design standards — § 17.24.010 .
Typical permitted uses: Retail stores (bakeries, bookstores, food markets, restaurants with restrictions), professional offices, small services — a detailed list is in § 17.24.020 .
Key dimensional/operational standards: Commercial building appearance, plot plans, and parking standards are regulated (plot plans and elevations must be submitted to the Planning Commission) — § 17.24.020, § 17.24.050 .
Where it applies: Parcels zoned C-1; a nonconforming commercial use cannot be enlarged or structurally altered without a use permit (see § 17.40.010(C)) and will be subject to design review per § 17.56.040 if exterior changes are proposed .

(If your parcel is in another Del Rey Oaks zone, the same nonconforming-use rules in § 17.40.010 apply; check the specific district chapter for the permitted uses and dimensional standards that determine whether a use is nonconforming.)

Quick decision table (most decision-relevant standards / permitted‑use checks)

Decision question	What the code says (short)	Code reference
Can an existing nonconforming use continue?	Yes, unless it ceases > 6 months or building destroyed; then new use must conform	§ 17.40.010(A)
Can I change to another nonconforming use?	Only to a more restrictive nonconforming use and only with a use permit	§ 17.40.010(B)
Can I enlarge/structurally alter a nonconforming use?	No—unless you first secure a use permit	§ 17.40.010(C)
What happens if the use/building is destroyed?	If destroyed, subsequent use must conform to current district rules	§ 17.40.010(A)
Do design-review rules apply?	Yes—projects requiring a use permit or structural change go to design review	§ 17.56.030–040
Special examples: satellite dishes	Owners of pre-existing antennae had to apply for a use permit within six months or be subject to conditions	§ 17.52.070
Home-occupation nonconformance	Termination or reapplication timelines set in home-occupation chapter	§ 17.48.070

Checklist (what an applicant must satisfy when dealing with a nonconforming use)

Determine whether the existing use is in fact nonconforming by comparing the parcel’s current allowed uses with the use in place (consult the district chapter for permitted uses; e.g., § 17.08.020 for R-1) .
Confirm whether the nonconforming use has been abandoned or ceased for six months (if so, the nonconformance is lost) — § 17.40.010(A) .
If you propose to change the use to another nonconforming use, prepare a use-permit application (show the new use is more restrictive if it is nonconforming) — § 17.40.010(B) and § 17.04.080 .
If any enlargement, structural alteration, reconstruction, or extension is contemplated, plan to file for a use permit and prepare for design review and associated site plans — § 17.40.010(C); § 17.56.030–040 .
Check dimensional standards and development standards (setbacks, height limits, F.A.R., lot size) in the district chapter (e.g., § 17.08.030–040 for R-1) as any reconstruction may have to meet current standards if the nonconformance has been lost — § 17.08.030–040 .
If the proposal seeks relief from a strict rule (e.g., an expansion that would not be allowed under the code), evaluate a variance under Chapter 17.44 — § 17.44.010 .
Confirm parking impacts and parking requirements with the city and prepare any parking analysis (see parking) — code references to parking rules appear in the applicable district chapters (e.g., C‑1) .
Always verify with the Planning Department for parcel‑specific interpretations and application materials — the code allows administrative discretion on use permits and design review (see § 17.04.080, § 17.56.040) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Rebuilding after substantial damage — what threshold triggers “must conform”?	The code requires a destroyed building to be replaced only with conforming uses, but it does not state a percentage-of-damage threshold (e.g., 50% of value) in the nonconforming chapter	Verify whether the City applies a “substantial damage” threshold in practice; the ordinance text on thresholds is Not found in retrieved materials (see § 17.40.010(A))
Precise meaning of “ceases for a continuous period of six months”	Intermittent activity, temporary shutdowns, or seasonal closures can be disputed	Confirm city interpretation and whether written notice or proof of business continuity is required; cite § 17.40.010(A)
When will the Planning Commission require design modifications vs. allow continuation?	Discretion in design review can affect costs and project timing	Ask staff which elements will trigger design review and whether modifications are conditions of a use permit — § 17.56.030–040
Interplay with home‑occupation rules	Home occupations had explicit termination/renewal timelines in older code text	Review § 17.48.070 for any program-specific deadlines or legacy permit conditions
ADU or state law conflicts (e.g., ADU permitted despite local nonconformance)	State ADU law may limit local ability to require correction of certain nonconforming zoning conditions (this is state law, not Title 17)	The Title 17 documents do not address state ADU preemption directly — Verify with Planning; state ADU rules are Not found in retrieved Title 17 materials (see § 17.40.010 for local rules)
Variances vs. use permits	Different findings, procedures, and appeal rights apply (more discretion for variances)	For relief from development standards, consider Chapter 17.44 (variances) and § 17.04.080 (use permits) — § 17.44.010, § 17.04.080

Information Gaps

The Title 17 excerpts retrieved do not specify a numerical threshold (percent of damage or cost) for when reconstruction of a damaged nonconforming building is treated as "destruction" that forces conformance. Not found in retrieved materials; verify with the City. § 17.40.010(A)
The local code text does not state explicit administrative procedures for proving a nonconforming use has not been abandoned (e.g., records required). Not found in retrieved materials; verify with Planning. § 17.40.010(A)
Interactions between Del Rey Oaks nonconforming rules and State ADU law are not addressed in Title 17. For state ADU preemption or limitations, consult state statutes or HCD guidance (not in the retrieved municipal file). Not found in retrieved materials.

Plain-English Summary

If your use was legal when it started but doesn’t meet current zoning, Del Rey Oaks will usually let it stay — but you cannot enlarge, rebuild, or switch to a less‑restrictive nonconforming use without permission; if the use stops for six months or the building is destroyed, you must follow the current rules. § 17.40.010

Source References

Del Rey Oaks Zoning Ordinance — § 17.40.010 (Nonconforming uses)
Del Rey Oaks Zoning Ordinance — § 17.04.080 (Use permits: purpose & procedure)
Del Rey Oaks Zoning Ordinance — Chapter 17.56 (Design Review; scope & procedure — § 17.56.030–040)
Del Rey Oaks Zoning Ordinance — Chapter 17.08 (R‑1 District: permitted uses, height, lot and F.A.R. limits — § 17.08.020–040)
Del Rey Oaks Zoning Ordinance — Chapter 17.24 (C‑1 District permitted uses)
Del Rey Oaks Zoning Ordinance — Chapter 17.16 (D District)
Del Rey Oaks Zoning Ordinance — § 17.52.070 (Existing satellite dishes and use permits)
Del Rey Oaks Zoning Ordinance — § 17.48.070 (Termination of nonconforming home occupations)

Sources

Retrieved passages

Del Rey Oaks Zoning Code (§ 11-208) High relevance
Del Rey Oaks Zoning Code (§ 11-208) High relevance
Del Rey Oaks Zoning Code (§ 11-212.6) High relevance
Del Rey Oaks Zoning Code (Title 17) Medium relevance
Del Rey Oaks Zoning Code (title and) Medium relevance
Del Rey Oaks Zoning Code (§ 11-214) Medium relevance
Del Rey Oaks Zoning Code (§ 11-213) Medium relevance
Del Rey Oaks Zoning Code (Chapter 17.36.) Medium relevance

Cited sections

Official Del Rey Oaks code library

Frequently asked questions

What is a “nonconforming use” in Del Rey Oaks?

A “nonconforming use” is a use that was lawful when established but does not meet current district regulations; the code’s definitions are in the Title 17 definitions chapter (see § 17.04.150) and the allowance to continue such uses is in § 17.40.010 .

How long can a nonconforming use remain in place if it stops operating?

If the nonconforming use ceases for a continuous period of six months, the right to continue it ends and any subsequent use must conform to the current district rules — § 17.40.010(A) .

Can I expand or remodel a building that houses a nonconforming use?

No—except where you first secure a use permit. The ordinance prohibits enlargement, structural alteration, reconstruction, or extension of a nonconforming use unless a use permit is obtained — § 17.40.010(C) .

If the building with the nonconforming use burns down, can I rebuild it as it was?

If the building is destroyed (fire, act of God, etc.), any subsequent use of the land or building must comply with current zoning; the code does not provide a numeric threshold for “substantial damage” in this chapter — see § 17.40.010(A) and verify with Planning for any practical thresholds .

Can I change to a different nonconforming use on my site?

A nonconforming use may be changed to another nonconforming use only if the new use is of a more restrictive nature and you first obtain a use permit — § 17.40.010(B); use-permit procedure is in § 17.04.080 .

Will design review be required if I apply to alter a nonconforming structure?

Likely yes: projects that require a use permit or that involve structural changes are within the scope of the design review board; see § 17.56.030 for scope and § 17.56.040 for procedural requirements — § 17.56.030–040 .

Are there special timelines for nonconforming home‑occupations?

Yes — the home-occupation chapter contains termination/renewal provisions for nonconforming home occupations; relevant timing language is in § 17.48.070 (legacy provisions require termination or reapplication within specified windows) — § 17.48.070 .

If the nonconforming issue is about parking or setbacks, can I apply for an ADU or other permit?

Title 17 does not directly address how Del Rey Oaks will reconcile local nonconforming parking or setback conditions with ADU requests; the local nonconforming rules of § 17.40.010 still govern. For ADU-specific preemption questions, consult the Planning Department and applicable state ADU law (this municipality code does not resolve state-vs-local ADU conflicts in the nonconforming chapter) — § 17.40.010 (local rule) — Not found in retrieved materials for ADU preemption specifics .

How do I get a variance if the code won’t allow my proposed change?

A variance is a distinct discretionary remedy; the Planning Commission may grant variances when practical difficulties or unnecessary hardship exist — see § 17.44.010 and the variance application procedures for required findings and hearing process — § 17.44.010 .

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